PRAVEEN KUMAR Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) WE have heard Mr. Praveen Kumar, the appellant and learned Addl. Advocate General -Ill at the stage of admission of this appeal.

(2.) FROM the materials on record, it appears that elections to the Bihar State Bar Council could not take place in time and, therefore, a Special Committee had to be constituted under Section 8A of the Advocates Act, 1961 (hereinafter referred to as 'the Act '). It further appears that feeling aggrieved by some delay in holding of the elections and for some other matters, the appellant, who is a practicing advocate of this Court, made certain complaints which are available in the records of the writ petition at pages 37 to 39. One of those three complaints dated 30.11.2008 appears to be signed by one S.S.P. Singh, convener of the Adhivakta Sewak Sangha, Bihar, Patna and not by the appellant. Taking note of those three complaints and the tone and tenure therein, the Special Committee resolved on 14.1.2009 under item no. 16 to initate a disciplinary proceeding against the appellant which was referred to the disciplinary committee for taking suitable action. Pursuant to notice the appellant appeared on 6.3.2009 and again on 20.3.2009. He could not appear on 8.5.2009. Thereafter, by Annexure -16 to the writ petition dated 23.6.2009 the appellant was communicated with a decision of the Special Committee dated 22.5.2009 alongwith a decision of the disciplinary committee to the effect that the disciplinary proceeding against him has been reported/referred to the Bar Council of India under Section 36(2) of the Act.

(3.) THE appellant has canvassed many points including a point that the Special Committee cannot be a substitute of State Bar Council in disciplinary matter and also he has alleged that the action was initiated against him by some advocates, who were members of the disciplinary committee because he had levelled allegations against them also.